HB 1182

                                                            Introduced Version
           HOUSE BILL No. 1182
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2; IC 35-45-4-9.
Synopsis: Digital sexual image abuse. Defines "digital sexual image"
as a digital, computer generated image or video that is created or
modified to depict: (1) sexual intercourse; (2) other sexual conduct; or
(3) exhibition of certain body parts; of a quality, characteristic, or
condition, such that it appears to depict an individual. Establishes the
offenses of possession of a digital sexual image and distribution of a
digital sexual image.
Effective: July 1, 2026.
                Bauer M, Haggard
   January 5, 2026, read first time and referred to Committee on Courts and Criminal Code.
2026  IN 1182—LS 6700/DI 149
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1182
    A BILL FOR AN ACT to amend the Indiana Code concerning
 criminal law and procedure.
     Be it enacted by the General Assembly of the State of Indiana:
1     SECTION 1. IC 35-31.5-2-94.5, IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 94.5. "Digital sexual image", for
4 purposes of IC 35-45-4-9, has the meaning set forth in
5 IC 35-45-4-9.
6     SECTION 2. IC 35-31.5-2-100, AS AMENDED BY P.L.186-2025,
7 SECTION 204, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2026]: Sec. 100. (a) "Distribute", for purposes
9 of IC 35-45-4-8 and IC 35-45-4-9, has the meaning set forth in
10 IC 35-45-4-8.
11     (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
12 forth in IC 35-46-1-10(f).
13     (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
14 set forth in IC 35-46-1-10.2(g).
15     (d) "Distribute", for purposes of IC 35-47.5, has the meaning set
16 forth in IC 35-47.5-2-6.
17     (e) "Distribute", for purposes of IC 35-48, has the meaning set forth
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                                    2
1 in IC 35-48-1.1-13.
2     (f) "Distribute", for purposes of IC 35-49, has the meaning set forth
3 in IC 35-49-1-2.
4     SECTION 3. IC 35-45-4-9 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2026]: Sec. 9. (a) This section does not apply to:
7(1) a digital image or video that is distributed:
8(A) to report a possible criminal act;
9(B) in connection with a criminal investigation;
10(C) under a court order; or
11(D) by a news reporting or an entertainment medium (as
12defined in IC 32-36-1-4);
13(2) a newspaper or news service that publishes news related
14information through a website;
15(3) a cloud service provider; or
16(4) an Internet provider, an affiliate or subsidiary of an
17Internet provider, or a search engine that:
18(A) solely provides access or connection to a website or
19other Internet content that is not under the control of that
20Internet service provider, affiliate or subsidiary, or search
21engine; and
22(B) is not responsible for creating or publishing the content
23that constitutes material harmful to minors.
24     (b) As used in this section, "digital sexual image" means a
25 digital, computer generated image or video that is created or
26 modified by means of artificial intelligence, a computer software
27 program, an application, or other editing tools that depicts:
28(1) sexual intercourse;
29(2) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
30(3) exhibition of the uncovered buttocks, genitals, or female
31breast;
32 of a quality, characteristic, or condition such that it appears to
33 depict an individual.
34     (c) As used in this section, "distribute" has the meaning set forth
35 in section 8(b) of this chapter.
36     (d) A person who:
37(1) creates; or
38(2) possesses;
39 a digital sexual image without the consent of the individual
40 depicted in the digital sexual image commits digital sexual image
41 abuse, a Class B misdemeanor.
42     (e) An offense under subsection (d) is a:
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1      (1) Class A misdemeanor if the person has one (1) prior
2      unrelated conviction under subsection (d); or
3      (2) Level 6 felony if the person has more than one (1) prior
4      unrelated conviction under subsection (d).
5    (f) A person who distributes a digital sexual image without the
6 consent of the individual depicted in the digital sexual image
7 commits distribution of a digital sexual image, a Class A
8 misdemeanor. However, the offense is a Level 6 felony if the person
9 has a prior unrelated conviction under this subsection.
2026  IN 1182—LS 6700/DI 149